Child Enticement Laws in North Dakota

Related Ads

Talk to a Criminal Defense Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

A person commits the crime of “child enticement” by tempting, luring, or attempting to lure a child to engage in sexual activity.

Each state has its own laws against child enticement and describes and punishes the crime differently. Depending on the state, child enticement may encompass several different crimes, such as kidnapping, molestation, and child pornography.

To learn more about child enticement generally, see What is the Crime of "Child Enticement?"

In North Dakota, an adult (a person age 18 or older) commits the crime of corruption or solicitation of a child (also called child enticement) by:

  • engaging in or causing another person to engage in sexual activity with a child under the age of 18 but over the age of 15, or
  • luring any child under the age of 18 with the intent to engage in sexual activity.

(N.D. Cent. Code § 12.1-20-05.)

A person who engages in any actual sexual contact with a child under the age of 15 commits the crime of sexual assault. (N.D. Cent. Code § 12.1-20-07.)

Child corruption or solicitation is punished more severely if:

  • the defendant solicits or lures a child under the age of 15
  • the defendant is age 22 or older and engages in actual sexual conduct with a child, or
  • the crime occurs within 50 feet of a school.

(N.D. Cent. Code § 12.1-20-05.)

For example, a person commits the crime of child corruption or solicitation by inviting a 17-year-old child or a 14-year-old child to engage in sexual contact. However, the adult who solicited the 14-year-old child would be punished more severely than the one involved with the older child.

Electronic Enticement

Under North Dakota’s laws, an adult commits the crime of electronic enticement by:

  • using a computer network, such as the Internet, or an other electronic means to initiate or engage in a discussion of sexual conduct with a person whom the defendant believes to be a child under the age of 18, and
  • inviting or luring the child (or person whom the defendant believes is a child) to engage any sexual conduct.

Electronic enticement is punished more severely if the defendant is 22 years old or older, or if the defendant believed the child to be under the age of 15.

(N.D. Cent. Code § 12.1-20-05.1.)

For example, an adult who engages in a sexually explicit conversation online with a police officer posing as a 16-year-old child could be convicted of electronic enticement.

Child Pornography

A person in North Dakota commits the crime of child pornography by luring or employing a child under the age of 18, or allowing a child under the defendant’s custody or control to engage in sexual conduct for the purpose of being photographed, recorded, or to make any visual representation.

(N.D. Cent. Code §§ 12.1-27.2-01, 12.1-27.2-02.)

For example, a 19-year-old man who lured his 16-year-old girlfriend into engaging in sexual activity while he recorded it could be convicted of child pornography.

Defenses

It is a not a defense to a charge against a child under the age 15 that the defendant did not know the child’s age or believed the child to be age 15 or older.

It is a defense to a charge against a child under the age of 18 that the defendant reasonably believed the child to be age 18 or older.

(N.D. Cent. Code § 12.1-20-01.)

Punishment

Luring a child under the age of 15 to engage in sexual conduct and actually engaging in (or causing another to engage in) sexual conduct with a child age 15 or older, when the defendant (or other person) is age 22 or older, is a class C felony, punishable by up to five years in prison, or a fine of up to $5,000, or both.

Otherwise, corruption or solicitation of a child is a class A misdemeanor, punishable by up to one year in jail, a fine of up to $2,000, or both.

Child enticement near a school is a punishable by a prison term of up to five or ten years, a fine of up to $5,000 or $10,000, or both a fine and imprisonment, depending on the circumstanced of the offense.

Electronic enticement is a class B felony, punishable by up to ten years’ imprisonment, and a fine of up to $10,000, or both if the defendant is 22 years old or older and believed the victim was a child under the age of 15. Electronic enticement is punishable as a class C felony if the defendant is 22 years old or older and believed the victim was a child age 15, 16, or 17 years old, or if the defendant is under the age of 22 and believed the victim to be a child under the age of 15. For felony electronic enticement, if the defendant took a substantial step towards meeting the child, the court must sentence the defendant to at least one year in prison.

If the defendant is under age 22 and believed the victim is a child age 15, 16, or 17 years, then electronic enticement is a class A misdemeanor, punishable by up to one year in jail, a fine of up to $2,000, or both.

Child pornography is a class B felony, punishable by up to ten years’ imprisonment, and a fine of up to $10,000, or both.

(N.D. Cent. Code §§ 12.1-20-05, 12.1-20-05.1, 12.1-27.2-02.)

Sex Offender Registration

People convicted of child corruption or solicitation, electronic enticement, and child pornography are required to register as sex offenders in North Dakota.

(N.D. Cent. Code § 12.1-32-15.)

Obtaining Legal Assistance

Being convicted of a sex crime involving a child can result in up to ten years’ imprisonment, a fine, and sex offender registration. If you are charged with a crime, you should contact a North Dakota criminal defense attorney. An attorney can explain the legal process to you and help you prepare the strongest possible defense.

Talk to a Defense Lawyer

Charged with a crime? Start here to find a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO3:DRU.1.6.1.20140626.27175